Before you make the decision to bring a claim against someone else, you may be wondering how much your case would even be worth. It’s important to understand that an attorney won’t be able to give you a solid estimate of the value of your case until they learn more about it.
There are different types of losses that a plaintiff may claim. These include economic and non-economic losses.
Economic loss include things such as:
- Past and future medical bills
- Past and future lost wages
- Damaged property
- Past and future loss of earning capacity
To put it simply, economic losses are tangible losses, while non-economic losses include things that aren’t quite so tangible such as:
- Emotional pain (past and future)
- Pain
- Loss of enjoyment of activities
The amount of compensation that a plaintiff may request is determined by considering a variety of factors. These factors include the following.
- The Extent of Your Injuries and the Respective Blame
Depending upon the extent of your injuries, you may require more compensation to cover them. Additionally, the state uses what is referred to as comparative negligence. This means that the jury or insurance company assigns the percentage for which each party is to blame. If the plaintiff is found to be more than 50 percent at fault for the accident, he or she will receive nothing.
- Your Insurance Policy
Each state has a minimum amount of coverage that motorists must purchase. If the only source of recovery that you have is the minimum required amount, you will only receive the amount of your coverage. If the defendant has a larger insurance policy, you may be able to recover more. Additionally, if the plaintiff has personal injury protection (PIP), medical payments insurance, uninsured or underinsured motorist coverage, or homeowner’s insurance, he or she may be able to receive money from those sources if the defendant is unable to cover your costs.
- The Applicable Venue
Another factor that plays into the value of your case is where your lawsuit was filed. This is because juries in different parts of the state may be more or less likely to pay out for certain things such as pain and suffering. If the insurance company believes that going to court would be a big risk, it may offer more money to settle. Alternatively, if the insurance company believes that a particular venue would be more in their favor, they may be less likely to settle for a fair amount of money.
- Damages and Medical Bills
The extent of your injuries can also affect the value of your case. You can submit your medical bills and out-of-pocket expenses to the jury in order to be reimbursed. This factor is often used as a guideline for determining the estimated value of your case.
- Pain and Suffering
The final factor that an attorney will look at in estimating the value of your case is the amount of pain and suffering involved. Pain and suffering may include:
- Physical pain
- Emotional disorders such as anxiety and depression
- Any other psychological damages/trauma
An Experienced North Carolina Personal Injury Attorney Can Help
When you have been injured in an accident, it can often result in very serious or even deadly consequences. You shouldn’t have to pay the price for someone else’s mistake.
If you or a loved one has been injured in an accident due to another’s negligence or recklessness, the experienced North Carolina personal injury attorneys at Daggett Shuler can help. We understand the physical, emotional, and financial toll that such a situation can take on you and your loved ones. Let us explain the legal process to you as well as your options. We want to help you to move forward and get what you deserve. Call us at 336-724-1234.
Daggett Shuler Law – You Can Depend on Us